180 days absence count to ILR

[l_pavan25]

Good Afternoon,

I have question with regards to the absence from the country and whether my future ILR application(get eligibility by end of this year) will be successful or not.

I came here as a student in Feb 2010 and got post study work visa(PSW) after studies and got my first job.While my PSW visa was about to expire, My first employer sponsored me a visa (Tier 2 General) as new entrant in October,2013.
I was made redundant from my employment in Feb,2016 and the last day of employment was 31st March 2016. And my first employer sent the details of employment termination to Home office on 28th of March 2016.
As soon as i made redundant,i was allowed by my employer to leave by end of Feb 2016, and i left the country on 4th March,2016, because i had opportunity to work in the middle east for 3 months.While working in abroad,i got new employment offer from UK based employer(My current employer) who was willing to sponsor me a visa.
I came back to UK,after 12 weeks, on 5th of June 2016 with the visa provided by my first employer here and i was not asked anything at the immigration in airport. But after 3 days, i have received a letter stating that my leave to remain under Tier 2 is curtailed with the notification of my first employer and last date to leave the country or make new application was 6th August 2016.
I made Tier 2 application(Under Change of Employment) as in June 2016 with my current employer and got rejected due to the mistake made by my HR while issuing COS.
I reapplied Tier 2 General (Change of Employment) on 4th August 2016 and got approved on 19th August 2016.
Start date of my new employment was 5th Sept 2016.

Looking at my situation in the year 2016, i am wondering if this could become an issue while applying for ILR early next year.I will meet all other criteria(Salary,Shortage occupancy list etc)

Can someone advise me on the above issue to the ILR. And what other options i have for leave to remain in the country if the ILR is not possible ?

Thank you,
Pav

[CR001]

Your topic title says 180 days absence count, but your post has nothing about being absent for 180 days

[l_pavan25]

Thanks for getting back to me. My situation does not come under 180 days absence from the country but there is an absence in economic activity ( Not paid any taxes because of no income) from March,2016 to August,2016.

[CR001]

Thanks for getting back to me. My situation does not come under 180 days absence from the country but there is an absence in economic activity ( Not paid any taxes because of no income) from March,2016 to August,2016.

180 days ABSENCE is a completely different rule requirement to the previous 60 days employment GAP.

The 60 days employment gap has been removed from the rules.

[l_pavan25]

HI CR001,

Thanks for providing clarity on removal of 60 days employment gap in UK.

While i was absent in the country for 12 weeks during that time(My first Tier 2 leave to remain is still active), i had a short-term employment in Middle east.I came back to UK and applied Tier 2 general (change of employment) application before my curtailment date 06,Aug,2016.

Can you advice me on how can i justify this gap and what reason should i provide for absence, while making ILR application?

[CR001]

The problem is that you need a letter from each of your employers detailing your absence.

As you were not employed by anyone, you would have to explain in a covering letter yourself. Whether this will be accepted or not I don't know.

[cracker1234]

Apologies CR001 for posting my queries on others thread. It's relevant to me and may be relevant to OP.

Is it mandatory to submit an absence letter from each employer if we never took leave while employed by previous employers ?
what will happen if any previous employer had closed their business completely ?
TIA.

[CR001]

Apologies CR001 for posting my queries on others thread. It's relevant to me and may be relevant to OP.

Is it mandatory to submit an absence letter from each employer if we never took leave while employed by previous employers ?
what will happen if any previous employer had closed their business completely ?
TIA.

Please see point 12 in the forum rules FAQs (click) and continue in your own topic you have.

[cracker1234]

Thanks CR001.
My query is - Is it mandatory to submit an absence letter from each employer if we had not taken leave or not absent during our tenure with previous employers ?

[CR001]

Thanks CR001.
My query is - Is it mandatory to submit an absence letter from each employer if we had not taken leave or not absent during our tenure with previous employers ?

Can you please start your own topic and ask your questions in the ILR sub forum. It is considered rude to tag onto other members topic and it is unfair and creates confusion. This is regardless of how 'similar' you feel your questions are. Please do read the link I have already provided, again it is POINT 12 specifically.

[CR001]

You also appear to have 2 usernames registered from your static IP address. This is strictly not permitted on the forum.

member/ravisb_2014/

See multiple usernames (click)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

[cracker1234]

It may be my ex-colleague who left the company couple of months back and I got this PC from our IT.
Sorry for inconvenience occurred.

[CR001]

It may be my ex-colleague who left the company couple of months back and I got this PC from our IT.
Sorry for inconvenience occurred.

Interesting that both of you have virtually identical names in your email addresses

[Djsuccess]

Good Afternoon,

I have question with regards to the absence from the country and whether my future ILR application(get eligibility by end of this year) will be successful or not.

I came here as a student in Feb 2010 and got post study work visa(PSW) after studies and got my first job.While my PSW visa was about to expire, My first employer sponsored me a visa (Tier 2 General) as new entrant in October,2013.
I was made redundant from my employment in Feb,2016 and the last day of employment was 31st March 2016. And my first employer sent the details of employment termination to Home office on 28th of March 2016.
As soon as i made redundant,i was allowed by my employer to leave by end of Feb 2016, and i left the country on 4th March,2016, because i had opportunity to work in the middle east for 3 months.While working in abroad,i got new employment offer from UK based employer(My current employer) who was willing to sponsor me a visa.
I came back to UK,after 12 weeks, on 5th of June 2016 with the visa provided by my first employer here and i was not asked anything at the immigration in airport. But after 3 days, i have received a letter stating that my leave to remain under Tier 2 is curtailed with the notification of my first employer and last date to leave the country or make new application was 6th August 2016.
I made Tier 2 application(Under Change of Employment) as in June 2016 with my current employer and got rejected due to the mistake made by my HR while issuing COS.
I reapplied Tier 2 General (Change of Employment) on 4th August 2016 and got approved on 19th August 2016.
Start date of my new employment was 5th Sept 2016.

Looking at my situation in the year 2016, i am wondering if this could become an issue while applying for ILR early next year.I will meet all other criteria(Salary,Shortage occupancy list etc)

Can someone advise me on the above issue to the ILR. And what other options i have for leave to remain in the country if the ILR is not possible ?

Thank you,
Pav

I am not sure that the 180 days absence is relevant here. You were out of job in March 2016, but your visa remained valid because UKVI had not curtailed it. You were away for about 90 days (4th March to 5th June) and was able to enter the country without any issue.
You got a curtailment letter shortly after your return------I must say you are lucky
You were able to apply for another visa (change of employer) within the 60 days allowance on your curtailment letter.
I think you have not lost your continuity and the 180 days absence is not relevant because you were not away for more than 180 days. The big issue for you is the proof of absence.
You were absent for 90 days when you were not working for any sponsor, so you cannot account for your absence.
During your absence, you were working in the middle east for another company. That's against your tier 2 rule. The HMRC will not have any record for you between March and Sept 2016.

so I think your worries shouldn't be about 180 days but breaking immigration rules while you were away for 3 months. if/when you are applying for ILR, you will need to account for this absence. That's where you might have issues with UKVI.